Abstract

To operate within a strictly political frame of reference, the dispute over abortion—the centerpiece of the controversy over reproduction and population control in America—would seem to be over. With the election of Bill Clinton to the presidency in 1992, many observers declared as much. Charles Krauthammer, for one, argued that “one can reasonably declare a great national debate over when all three independently (s)elected branches of government come to the same position.” In 1992 the Supreme Court reaffirmed the central holding of Roe v. Wade in the Casey decision. Given this and an apparent majority of pro-choice votes in both houses of Congress, the new President-elect vowed to make good on his campaign pledge to pass the “Freedom of Choice Act” (FOCA), the legislative equivalent of Roe, as a safeguard against any future challenges. Certainly there seemed to be grounds for such a claim.

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